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12 Cards in this Set
- Front
- Back
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Balfour v Balfour |
There is a presumption in domestic situations that there is not an intention to create legal relations; amicable agreements are rarely held to be contracts - The courts take a pragmatic attitude to not get involved in domestic disputes |
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Jones v Padavatton |
Agreements between relatives are often not certain enough to be enforced as contracts |
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Merritt v Merritt |
The presumption of not intending to create legal relations in a domestic situation will be rebutted if the parties are not together at the time of the arrangement or if the parties are in the process of separating |
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Rose & Frank v Compton |
Presumption that in commercial agreements, the parties intended to legal relations (rebutted by express provision) |
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Winn v Bull |
A contract which is expressed to be 'subject to contract' is interpreted to mean parties do not indent it be legally binding |
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Evans v Merzario |
Based on the totality of evidence, the House of Lords found the intention of the parties was for the promise to be binding; the claimant made it clear that he wouldn't have agreed to a different container being used unless he was sure they had agreed for it to be stored below deck |
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Shanklin Pier v Detel |
Enforced the oral agreement, that paint would hold in sea water, because the court held it was a collateral contract that had the intention to be legally binding |
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Edwards v Skyways |
The agreement had been made in a business context which raised a strong presumption that the agreement is legally binding. The claimant could therefore enforce the agreement and was entitled to the money. It is difficult to discharge the presumption of legal relations in a commercial contect
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Granatino v Radmacher |
presumption of no legal relation in a domestic situation can be rebutted if the context of the agreement suggests it should be (sharing matrimonial home) |
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Parker v Clark |
presumption of no legal relation in a domestic situation can be rebutted if reliance is placed on the agreement
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Vaughan v Vaughan |
presumption of no legal relation in a domestic situation can be rebutted depending on the certainty of the agreement
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Esso Petroleum v Customs & Excise |
Courts held there was an intention to create legal relations because the coins were exchanged in a commercial context with the aim of increasing profit |
